I claimed kids on taxes..got earned income credit,can ex xlaim for child tax credit??

If you have already filed and claimed the children, then he cannot claim the children or receive any credits or deductions for them.

However, if you have not filed, then you could put the children on your return as nondependents but still get the Earned Income Credit. If you release the children's dependency exemption to the father, then he could claim the dependency exemption and the child tax credit.

So the benefits can be split but since you are the custodial parent, it is your option to waive the dependency exemption and child tax credit to the other parent.

Since you obviously did not release the exemption to the children, unless you have a court order giving the exemption to the father, you might want to call that H&R Block office and speak to the manager. The preparer shouldn't be offering this as an option to the father as it is not allowable. If the father tried to claim the children after the preparer spoke to you, it is a fraudulent return and I would make a stink about it to H&R Block.

You can NOT claim the same child twice, unless you file jointly.

If you share custody as in 50/50, then you each MIGHT be able to claim having them 1/2 of the year.

This is something to ask a broker or tax prepairer, they will be able to give you answers better than us on Yahoo! Answers.

No this is not right. Why does he have your son's social security number? Go immediately to the IRS office and put a stop to his claim. Show proof that the children live with you. Next year when you file you can file earn income credit for your children for the previous and current year. Don't delay and go to the IRS office in person to resolve this immediately. If you don't resolve this situation he will always claim them. He does not have to know that you are going to the IRS. When he gets his refund he will see that he was denied Earned Income Credit for the children. Good Luck.

If the man is paying child support and taking care of his responsibilities despite the fact that you have custody, I see no reason why he cannot claim the kids as his dependents on his tax return, but if he is not taking care of his responsibilities, then he has no right to the child tax credit, or EIC for that matter.

it's only legal under the following circumstances:

Taxpayer is NOT married filing separatly

The child is taxpayers natural child

The child lived with taxpayer for more than 1/2 of the tax year.

Child is under 19 or a full time student

If that kid didn't live with the taxpayer, they cannot claim them. You can report this anamonously to the IRS. By the way, if you earned some money, even if it's $8,000, you can qualify for the EIC. It usually maxes out around $11,000/year earned income.

The only way you can claim the child tax credit is if you are able to claim the children as dependents. If the tax preparer at H&R Block is advising him to do this - they are wrong.

I'm not all that sure on how the tax system works, but if you already claimed them, then he can't.

You might want to contact H&R block yourself, tell them what's going on, and find out for sure.

Does he have any thing to do with them? Like child support?

He's just after the money....

I have 3 kids, and I get almost $6000.00 back EVERY year. Well except for this year... I only got $3200. But still, see just what you can do about it.

You might have to amend your taxes.

People have no idea what they are talking about. Stop randomly answering tax questions if you don't know what you are talking about. He can claim them, but you have to release the exemption to him because he is the noncustodial parent. There's a form called an 8332 and unless you sign it allowing him to claim him just for dependency and child tax credit, he can't legally claim them.

A social security number can only appear on 1 tax return.

Your ex will have to re-file without the kid(s). If next year he files first and claims the children then you have no right to claim them. You need to have some kind of documentation on who is claiming children when. Such as even filing years or odd filing years.

As for the person who told you that it is illegal, that is completely FALSE! As long as your ex pays child support and has not signed away his rights to the child he is allowed to claim them. I don't know if you were ever married to him, but most courts put this in the divorce papers. I strongly urge you to work out some kind of agreement through the court!!

Your best bet in this situation is to get in touch with someone through your state department(the one that regulates your child support). They can give you a run through of the laws in your state, and help you find someone who can counsel you on your options related to custody and child support. Remember that there are all kinds of free resources for you to use through the State. Take advantage of them! You don't want him taking you to family court later.

the child credit goes to the higher income if your together if not then it goes to who ever has custody and is the primary care giver so if you have custody it doesnt matter if you only made 100$ its yours let him claim too and he will get audited